States' Chief Justices Play A
Critical Role
By
now, all of us who devote our time and energy to the challenging
mission of increasing access to civil justice understand an
important truth: partnerships and effective coalition-building
are central to our success as legal services providers. State by
state, advocates for the poor learn each day the importance of
teamwork and, in doing so, discover that they can accomplish far
more together than they ever can alone.
The
leaders of the American equal justice community, our partners,
are a diverse yet complementary group of professionals,
consisting not just of legal services providers, but all pro
bono attorneys, state and local bar leaders, IOLTA directors and
other funders, local legal services board members and members of
statewide Access to Justice Commissions, mental health
counselors, social workers, victim advocates, state and local
legislators, state and local government agencies and, of course,
the judiciary.
Of
these, only judges—one group of our partners—have the
authority to administer the system through which low-income
Americans with critical legal needs can gain meaningful access
to civil justice. Judges have a special responsibility to ensure
that our legal system treats the poor with dignity and respect
and promotes a sense of fair play for those who cannot afford
legal representation. And no group of judges takes this
responsibility more seriously than the chief justices who
preside over the states’ highest courts.
With
great enthusiasm this January, I accepted an invitation to
participate in the Conference of Chief Justices, a distinguished
group of jurists composed of the highest judicial officers from
each of the 50 states, as well as the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, and the territories of American Samoa, Guam,
and the Virgin Islands. Founded in 1949, this extraordinary
group meets regularly to discuss matters of importance dealing
with how to improve the administration of justice in each state
and throughout this country. Having attended part of their
winter meeting in New York City, I am proud that the chief
justices have placed the issue of access to justice at the top
of their agenda. On behalf of the Legal Services Corporation, I
want to take this opportunity to thank the Conference and to
applaud their work. It has become clear to all that when a chief
justice makes access to justice a priority, things happen in
that state that would not otherwise happen. It starts a domino
effect, of sorts, that inspires legislators, lawyers, corporate
leaders, and others to redouble their commitment to seeing
justice done for the poor. Indeed, the most far-reaching
successes have been achieved in states with chief justices who
make this issue an important personal cause.
What
significant roles have chief justices played? They create Access
to Justice Commissions charged with formulating statewide
strategic plans to help bolster the work of legal services
providers and respond effectively to the emerging needs of the
poor. Chief Justices play a pivotal role in encouraging every
member of the private bar to embrace his or her professional
responsibility to engage in significant pro bono activities.
They lead the efforts to secure additional sources of funding
for under-funded legal aid programs. They encourage the
initiation of statewide studies that accurately document the
unmet legal needs of the poor and lend support at the state
legislative level for more adequate resources. Perhaps most
importantly, they use their positions to effectively and
forcefully articulate the call for equity, fairness and equal
access to justice. As their state’s chief judicial officer,
they give speeches, write newspaper opinion pieces, suggest
improvements in the court and in the administration of the
justice system, and vocally recognize and support the important
and significant work of their local legal services programs.
I
would like to offer just a few examples to illustrate the
enormously influential role that chief justices can play. While
far from an exhaustive list of the efforts of the chiefs, these
examples afford some insight into what can be accomplished when
there is leadership at the very highest level of a state’s
judiciary and is based on the efforts of those chiefs I have had
the pleasure of meeting during my travels among LSC grantees.
In
Montana, under the leadership of Chief Justice Karla Gray, the
Court established the Equal Justice Task Force. The Task Force
conducted the state’s first comprehensive legal needs study to
document the problem, and Chief Justice Gray even participated
in gathering data for the study. She has been an inexhaustible
champion of increased pro bono participation, encouraging
Montana lawyers to volunteer their time and skills to those in
need of legal assistance. She was a strong supporter of
Montana’s pro bono opt-out system, which presumes that lawyers
agree to take cases on a pro bono basis unless they
affirmatively indicate to the contrary. Chief Justice Gray has
also helped build support for federal funding for LSC and its
grantee, Montana Legal Services Association, with members of
Montana’s congressional delegation.
In
Idaho, under former Chief Justice Linda Copple Trout’s
leadership, the Idaho Supreme Court created the Access to the
Courts Committee dedicated to expanding civil legal assistance.
The Court worked with Idaho Legal Aid Services to develop more
than 300 court-approved legal forms that will be available to pro
se litigants in both English and Spanish on the statewide
legal services websites to be used in all courts of the state.
Her successor, Chief Justice Gerald Schroeder, has indicated
that he will continue the Court’s commitment to provide
support and leadership to expand access to justice in the state.
In
Maryland, Chief Judge Robert Bell was instrumental in achieving
passage, and a subsequent increase, in the filing-fee surcharge,
providing essential funding to support the work of the Legal Aid
Bureau of Maryland and other providers of civil legal services.
Also under his leadership, new pro bono rules were adopted in
2002 requiring Maryland attorneys to report their voluntary pro
bono service annually. Chief Judge Bell also created a pro se
committee of the Maryland Judiciary charged with making it more
possible for self-represented clients to receive a fair hearing
despite their unfamiliarity with the legal process.
In
Texas, Chief Justice Wallace Jefferson continues a tradition of
strong support by his state’s supreme court, which is a major
reason Texas is the subject of the cover story of this issue of Equal
Justice Magazine. The Texas Supreme Court has held two
hearings on the state of legal services for the poor in Texas
over the last four years—unique judicial events. The Justices
created the Texas Access to Justice Commission following the
first hearing in 2000, and the Commission recently adopted an
ambitious five-year strategic plan to increase resources for
civil legal services, including the creation of an endowment for
legal aid, and also calling for dramatically increased pro bono
participation throughout the state. (See
story.)
Chief
Judge Judith S. Kaye of New York has worked tirelessly to spur
the creation of permanent funding sources for civil legal
services in her state. She helped create an access to justice
entity that coordinates efforts to improve the availability of
civil legal services and promotes new funding opportunities. She
created the position of Deputy Chief Administrative Judge for
Justice Initiatives, which is responsible for increasing access
to justice. Chief Judge Kaye also created a first-of-its kind
Access to Justice Center in 2001 to assist low-income New
Yorkers facing serious legal problems.
Chief
Justices across the nation have been critical partners in
promoting access to justice. In this issue’s cover story,
Chief Justice Jefferson of Texas is absolutely right when he
says that judges are incredibly important symbols of
access to justice. This is particularly true of the states’
active and influential chief justices, who collectively bring
credibility, significance, visibility, energy, enthusiasm, and
momentum to the vitally important efforts to make real the
promise of equal justice under the law. The legal services
community is fortunate to have the active and essential support
of this extraordinary group of men and women in support of its
goal to ensure equal access to justice for all.
n
Helaine M. Barnett is the President of LSC. Prior to leading
LSC, she spent 37 years as an advocate at the Legal Aid Society
of New York City, the last ten as head of its Civil Division.
|